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Nelson v. City of Rochester

Petition for certiorari denied on February 25, 2013

Docket No. Argument Opinion Vote Author Term
12-646 N/A N/A N/A N/A OT 2012

Issue: (1) Whether the Fourth Amendment prohibits the issuance of general warrants to search occupied private dwellings, without individualized suspicion of wrongdoing, for the purpose of seeking evidence of zoning, housing code and other administrative violations that are punishable by fines and/or incarceration; (2) whether the Fourth Amendment"s requirement that warrants particularly describe the things to be seized applies to an administrative search warrant authorizing the search of an occupied private dwelling; and (3) whether a local law that authorizes the periodic issuance of general warrants against rented homes without any factual showing of wrongdoing, while requiring traditional probable cause and particularity to obtain a warrant against the home of a landowner, offends the Equal Protection Clause.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
09/12/2012Application (12A265) to extend the time to file a petition for a writ of certiorari from September 25, 2012 to November 24, 2012, submitted to Justice Ginsburg.
09/17/2012Application (12A265) granted by Justice Ginsburg extending the time to file until November 26, 2012.
11/20/2012Petition for a writ of certiorari filed. (Response due December 26, 2012)
11/30/2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
12/10/2012Order extending time to file response to petition to and including January 25, 2013.
12/20/2012Motion for leave to file amicus brief filed by New York State Coalition of Property Owners and Businesses.
12/21/2012Motion for leave to file amici brief filed by Cato Institute, et al.
12/26/2012Motion for leave to file amicus brief filed by Institute for Justice.
01/24/2013Brief of respondent City of Rochester, New York in opposition filed.
02/06/2013DISTRIBUTED for Conference of February 22, 2013.
02/25/2013Motion for leave to file amicus brief filed by New York State Coalition of Property Owners and Businesses GRANTED.
02/25/2013Motion for leave to file amicus brief filed by Institute for Justice GRANTED.
02/25/2013Motion for leave to file amici brief filed by Cato Institute, et al. GRANTED.
02/25/2013Petition DENIED.